Uncle Sam slaps San Francisco radio pirate with $10k fine

The FCC has issued a $10,000 notice of forfeiture against one of the most …

The world of online music is evolving at a global breakneck pace. Millions of people are Pandora-ing, Turntable-ing, and Spotify-ing away. They're sharing their music choices on their mobiles via Facebook, Twitter, and Last.fm. Users, developers, and entrepreneurs are redefining the very nature of broadcasting for the foreseeable future.

But over at the Federal Communications Commission's Enforcement Bureau, it's as if this revolution isn't even happening. In the spirit of Javert, the obsessed police inspector in Les Misérables, the law must be enforced. And the law doesn't focus on reigning in the waves of deep packet inspection that ISPs still deploy throughout the United States. It's about fining unlicensed radio stations like the one run by Dan "Monkey Man" Roberts called "Pirate Cat," a radio cafe operation that ran a "broadcast station without a license issued by the FCC on 87.9 MHz in San Francisco, California," according to the agency's Forfeiture Order.

The fine is $10,000, but that money may never show up at the US Treasury, according to pirate radio enforcement expert John Anderson speaking to Jennifer Waits, who follows the ongoing Pirate Cat drama over at the Radio Survivor blog. The agency's overall forfeiture collection rate "is pretty abysmal," Anderson explained. The last time the Commission even bothered to check its success rate, it clocked in at about 25 percent. And after five years of stalking a "recalcitrant pirate" who won't pay up, the FCC has to file a civil lawsuit for judgment.

Chef Anthony Bourdain tries a Maple bacon latte, served by Dan "Monkey Man" Roberts at the Pirate Cat cafe in San Francisco.

As for winding up in the pokey, Waits' colleague Paul Riismandel notes that FCC charges are civil, not criminal. Only two states extend enforcement that far. "Unless you live in Florida or New Jersey, don't be spooked into thinking you're likely to go to jail, even if the FCC catches you red handed," Riismandel observes.

Given all the frenetic activity in the Internet world, does this sort of slugfest even matter anymore? Judging by the swarms of activists who keep starting unlicensed analog radio stations every year, it sure does. The Pirate Cat story is about filling a need that remains largely unmet by the Internet and conventional radio since the Clear Channel ascendancy. People still want old school radio stations. They want local brick-and-mortar places where they can actually hang out and share music not on Facebook or Spotify, but in real-time physical proximity of each other. They want to have coffee, or go out on a date—maybe even call the station to say hello.

That's why the Pirate Cat radio drama keeps happening.

A loose liberal reading

Even by pirate radio entrepreneur standards, Daniel Roberts is a bit of a hellion. By one account, he and his entourage of almost three dozen DJs ran an unlicensed operation in San Francisco for about a decade before the regulatory yogurt hit the fan. Around 2008, the Pirate Cat team added a "quaint cafe" to the 21st and Florida Street operation, serving up lattes on a corner storefront.

Rebellious music flowed from the station and the cafe via DJs with names like Pixie and "Dr. Hal." The cafe/radio establishment was even reviewed by chef Anthony Bourdain on his travel channel show, No Reservations.

All this was a hit with the city. San Francisco's Board of Supervisors awarded Pirate Cat a certificate recognizing the operation's "trailblazing efforts toward freeing the airwaves from corporate control, providing the community with training in radio broadcast skills, empowering voices ignored by traditional media outlets, and contributing to the advancement of the city's coffee culture."

How did the monkey tribe justify this defiance of federal regulatory authority? Roberts contended that Title 47 Section 73.3542 of the United States Federal code somehow provided him with a loophole:

(a) Authority may be granted, on a temporary basis, in extraordinary circumstances requiring emergency operation to serve the public interest. such situations include: emergencies involving danger to life and property; a national emergency proclaimed by the President or the Congress of the U.S.A and; the continuance of any war in which the United States is engaged, and where such action is necessary for the national defense or security or otherwise in furtherance of the war effort.

"The loose liberal reading of it is that if the President declares war then it is our civic duty to keep up communications with each other," Daniels explained.

Not so fast, says the FCC

It's no surprise that the FCC found this dubious interpretation wanting. The notices about unlicensed broadcasting began showing up at Pirate Cat's door in mid-2009. According to the FCC, not only was the operation running on an unauthorized signal, but on a frequency below the allocated FM dial:

The PCR [Pirate Cat Radio] website also mistakenly claims its unlicensed operation is sanctioned by Section 73.3542 of the Rules, 47 C.F.R. § 73.3542. We note that authority to operate pursuant to this Section must be granted by the FCC, and that the burden is on the applicant to show the required 'extraordinary circumstances' to support such a grant There is no record that Roberts and PCR have ever received such a grant of authority from the Commission. Additionally, the frequency used without authority by Roberts and PCR is 87.9 MHz, which is not allocated to the FM broadcast band,

On Halloween of that year Pirate Cat announced that the team would go online and drop the over-the-air signal. The craziness one associates with these sort of operations continued, however, including Roberts' ham-handed bid to merge operations with a community radio station in the nearby coastal town of Pescadero. This was followed by a revolt of his staff, which has since renamed itself the PRC collective and changed the operation's name to Mutiny Radio in July.

But that FCC fine never quite went away, and last Friday it formally showed up at Roberts' door, even though the over-the-air aspect of the setup was long gone. Now, there's a lot of tricky back-and-forth between the FCC and Roberts about whether he ever really "operated" the Pirate Cat signal, and what the word legally means.

None of this will change the bigger picture . In Boston, the Commission had to seize equipment to get the Daz Hits community radio revolt under control. Even though Congress has given the FCC the ability to license more Low Power FM stations, most of these won't appear in big cities. Expect to hear more monkey men over the airwaves in the near and distant future.

Matthew Lasar
Matt writes for Ars Technica about media/technology history, intellectual property, the FCC, or the Internet in general. He teaches United States history and politics at the University of California at Santa Cruz. Emailmatthew.lasar@arstechnica.com//Twitter@matthewlasar

52 Reader Comments

Even though Congress has given the FCC the ability to license more Low Power FM stations, most of these won't appear in big cities. Expect to hear more monkey men over the airwaves in the near and distant future.

Even though Congress has given the FCC the ability to license more Low Power FM stations, most of these won't appear in big cities. Expect to hear more monkey men over the airwaves in the near and distant future.

Smaller cities and rural would be better served.

I've been trying for a long time to license an LPFM station for a community group to use for emergency actions and local community information.

Around where I live, there's simply no spectrum for it. I sure would love it if the FCC would use some of that spectrum opened up by the digital TV conversion and let local community groups use it for broadcasting.

Even though Congress has given the FCC the ability to license more Low Power FM stations, most of these won't appear in big cities. Expect to hear more monkey men over the airwaves in the near and distant future.

Smaller cities and rural would be better served.

I've been trying for a long time to license an LPFM station for a community group to use for emergency actions and local community information.

Around where I live, there's simply no spectrum for it. I sure would love it if the FCC would use some of that spectrum opened up by the digital TV conversion and let local community groups use it for broadcasting.

Probably not going to happen, though: no money in it.

While HAM doesn't allow for broadcasting per se, for emergency comms it will fit the bill nicely. After that, I'd suggest piggybacking on someone else's currently licensed system for use during emergencies if you can make an arrangement.

Local community information would probably be better served through social media sites.

Having worked in the radio industry as both a board op and an on-air personality, "pirate" stations do NOT pose a conflict of interest, nor do they pose a danger to a licensed station. The only issue at hand is the broadcast frequency, which is what the FCC is really going after on these "pirate" stations. The FCC doles out the frequencies to various stations, and when it finds a potential frequency that a station would like to "lease" inhabited by a "pirate" station, it's a loss of money to the FCC (both in litigation to retrieve the pirated frequency and in annual leasing rates).

Yet I can't find anything on the radio. I want to hear NEW music, not stuff recorded 30 years ago (its good, just not all the time). The new music that does make the airwaves is terrible. Recently read that country music has once again overtaken rock in popularity, and understand why. I usually just give up and listen to sports radio.

But over at the Federal Communications Commission's Enforcement Bureau, it's as if this revolution isn't even happening. In the spirit of Javert, the obsessed police inspector in Les Misérables, the law must be enforced. And the law doesn't focus on reigning in the waves of deep packet inspection that ISPs still deploy throughout the United States.

See that, first year journo students? It's called "beating your reader over the head with your POV like a baseball bat."

OK, i'll bite - how do people listen if it is broadcast "on a frequency below the allocated FM dial?"

It's only very slightly below the range of FM broadcast frequencies in the US, and I'd guess that most radio hardware can functionally pick up a slightly bigger range than what's licensed to FM in the US.

OK, i'll bite - how do people listen if it is broadcast "on a frequency below the allocated FM dial?"

It's only very slightly below the range of FM broadcast frequencies in the US, and I'd guess that most radio hardware can functionally pick up a slightly bigger range than what's licensed to FM in the US.

There should be certain rules about how much spectrum is allocated to LPFM stations. A big problem is that in many regions, the national radio stations will fight the FCC to prevent any competition with locals. They make bogus claims about interference to their equipment even though there shouldn't be. Personally I think a certain amount of bandwidth should be given to the local community to manage as they see fit. Ban large corporations from using it, make restrictions on power and such. Radio really has gone to crap since deregulation.

Because despite the laws, the threats, the punishment, and the brainwashing there still exists a small percentage of the population that still values and understands freedom.

Yes. We all understand that we must smash any threat to international corporate profits, no matter how small. It's our patriotic duty to not question, but obey. Our law is just because we are a democracy and that is all the justification we need for all laws. In addition we all know how we must report on any activity that violates our overlord's directives. So don't worry: This, like everything else, that was once wholesome and fun... shall pass away out of memory.

Because despite the laws, the threats, the punishment, and the brainwashing there still exists a small percentage of the population that still values and understands freedom.

Yes. We all understand that we must smash any threat to international corporate profits, no matter how small. It's our patriotic duty to not question, but obey. Our law is just because we are a democracy and that is all the justification we need for all laws. In addition we all know how we must report on any activity that violates our overlord's directives. So don't worry: This, like everything else, that was once wholesome and fun... shall pass away out of memory.

There should be certain rules about how much spectrum is allocated to LPFM stations. A big problem is that in many regions, the national radio stations will fight the FCC to prevent any competition with locals.

Well the FCC's job is to prevent competition, period. It works for the large established players to reduce the chances of small businesses rising up and becoming threats.

True one of the ways FCC does this is by requiring the use of obsolete technology, then allocating bandwidth to the companies with the biggest pockets to relieve the congestion caused by this. This may look like a good thing, but it's really just wasteful at best.

Because despite the laws, the threats, the punishment, and the brainwashing there still exists a small percentage of the population that still values and understands freedom.

Yes. We all understand that we must smash any threat to international corporate profits, no matter how small. It's our patriotic duty to not question, but obey. Our law is just because we are a democracy and that is all the justification we need for all laws. In addition we all know how we must report on any activity that violates our overlord's directives. So don't worry: This, like everything else, that was once wholesome and fun... shall pass away out of memory.

Uh, huh. All that just so someone can get some good tunes?

What? You got something against people sharing and enjoying music? You do not see any value in this? It's called 'civil disobedience'. It's activity that causes no virtually no harm, has positive value, and is something that should be cherished by society.

Because despite the laws, the threats, the punishment, and the brainwashing there still exists a small percentage of the population that still values and understands freedom.

Yes. We all understand that we must smash any threat to international corporate profits, no matter how small. It's our patriotic duty to not question, but obey. Our law is just because we are a democracy and that is all the justification we need for all laws. In addition we all know how we must report on any activity that violates our overlord's directives. So don't worry: This, like everything else, that was once wholesome and fun... shall pass away out of memory.

This is nonsense. Corporate profits?

You did note that the station this signal interferes with is an NPR station, right?

What? You got something against people sharing and enjoying music? You do not see any value in this? It's called 'civil disobedience'. It's activity that causes no virtually no harm, has positive value, and is something that should be cherished by society.

Instead it's denigrated and punished.

No, just the hyperbole. Sometimes people do something for a simple reason, in this case good music, and good community, without every Tom, Dick, and Harry trying to hijack their bandwagon. I'm sure they're some "sticking it to the man", much like a flea is sticking it to the dog.

"What? You got something against people sharing and enjoying music? You do not see any value in this? It's called 'civil disobedience'. It's activity that causes no virtually no harm, has positive value, and is something that should be cherished by society.

"Instead it's denigrated and punished."

Right. It's not much different from a group of protesters blocking traffic on the highway to get their message out. And if an ambulance or fire truck happens by on the way to an emergency, they won't be able to get through. The same applies to this kind of operation. If they happen to be interfering with a licensed operator, such as KQED, the local National Public Radio affiliate, and an emergency starts, requiring them to broadcast public service notices, those messages will go unheard. Not just because they may be stomping on licensed signals, but because they don't participate in the Emergency Alert System.

But that's OK as long as The Man has been properly stuck. Power to the people. Right on. V

Because despite the laws, the threats, the punishment, and the brainwashing there still exists a small percentage of the population that still values and understands freedom.

Yes. We all understand that we must smash any threat to international corporate profits, no matter how small. It's our patriotic duty to not question, but obey. Our law is just because we are a democracy and that is all the justification we need for all laws. In addition we all know how we must report on any activity that violates our overlord's directives. So don't worry: This, like everything else, that was once wholesome and fun... shall pass away out of memory.

The freedom to drive through intersections unimpeded by fascist stoplights isn't a freedom most of us fight for.

Here's a thought - how about trying, ever so slightly, to come up with something that resembles a balanced and reasonably objective way of writing this story? Because frankly, this frothing-at-the-mouth propaganda rant just makes me side with the FCC.

WTF should we care about some tiny pirate radio station in SF whose own staff can't agree on what they want to do? If you want to make a point about the state of pirate radio in the US and the role it plays in the community you need to go away and rewrite this from scratch with a lot more sources and balance.

The 1st amendment was supposed to allow us to speak without government licenses.

In the 20th century, RF replaced paper for communications. The government censored us under the phony claim that it was to prevent interference.

FYI, the "Communications Act" that created the FCC was passed in 1934, the same year the "National Firearms Act" created the Bureau of Alcohol Tobacco, and Firearms. They repealed the 1st and 2nd amendments in the same year.

In the 21st century, we can use white-space communications so we do not possibly interfere with anyone else's RF communications.

The 1st amendment was supposed to allow us to speak without government licenses.

In the 20th century, RF replaced paper for communications. The government censored us under the phony claim that it was to prevent interference.

FYI, the "Communications Act" that created the FCC was passed in 1934, the same year the "National Firearms Act" created the Bureau of Alcohol Tobacco, and Firearms. They repealed the 1st and 2nd amendments in the same year.

In the 21st century, we can use white-space communications so we do not possibly interfere with anyone else's RF communications.

It's time we defunded the FCC.

--A licensed FCC radio operator, with multiple stations

So in your ideal future, you would have no problem with me running the largest sparkgap transmitter I could possibly build?

The 1st amendment was supposed to allow us to speak without government licenses.

In the 20th century, RF replaced paper for communications. The government censored us under the phony claim that it was to prevent interference.

FYI, the "Communications Act" that created the FCC was passed in 1934, the same year the "National Firearms Act" created the Bureau of Alcohol Tobacco, and Firearms. They repealed the 1st and 2nd amendments in the same year.

In the 21st century, we can use white-space communications so we do not possibly interfere with anyone else's RF communications.

It's time we defunded the FCC.

--A licensed FCC radio operator, with multiple stations

So in your ideal future, you would have no problem with me running the largest sparkgap transmitter I could possibly build?

Precisely. It's there for a reason, or there would be "one station to rule them all".

Also, I know for a fact that there is a powerful Spanish station on 87.9 right here in DC. I wish they would take that down so I could use that for my FM transmitter. There are no more available stations in this area that are more than 0.2 MHz from a powerful station.

No sympathy for the pirate radio station at all here, especially if they were observably interfering with an already-licensed station as another poster reported above. They're damn lucky they never stepped on the toes of the Emergency Broadcasting System, or they would deserve time in jail.

The EM spectrum is a very limited resource, and the whole 'stick it to the man' attitude is an explicit call to create a tragedy of the commons. The FCC's regulatory behavior may not be great (not finding ways to cram in local stations), but its existence and assertion of authority is very necessary.

Hate to burst pirate radio haters bubble but those pirate radio stations are not the problem with the interference of the air waves. Not at all. A lot of the problem has to do with pissing contest between rival stations that want the listening public. There has been several times that radio stations that I listen to would be overpowered by other stations that has increased their transmitting power. Of course this is suppose to be regulated by the FCC but that doesn't happen. One very loose example giving of problems a pirate radio station was causing is really nothing at all and doesn't even exist now. Furthermore 10k doesn't really seem to be worth the work it's going to take to recover this money.(more government waste) I believe the FCC should focus on the problems being caused by the legit radio stations and let people use the empty space created by the digital age to benefit the community. And no it's not best to leave community news to social media. Not everybody in a community has a computer or has a computer on all the time and logged on to Facebook or some such nonsense. I won't even discuss media companies because they should have no say so on this topic.

They're damn lucky they never stepped on the toes of the Emergency Broadcasting System, or they would deserve time in jail.

The Emergency Broadcasting System was shutdown over 14 years ago.

Hopefully, you have not been relying on it to provide you crucial information.:-)

[It was replaced by the Emergency Alert System, however, as it is voice only, even the FCC agrees that it is pretty much useless and was it was not even activated on 9/11 since it would have disrupted coverage by CNN/ABC/CBS/NBC/FOX/etc]

And to show how useless it really is:On February 1, 2005, someone activated an EAS message over radio and television stations in Connecticut telling residents to evacuate the state immediately. Officials at the Office of Emergency Management announced that the activation and broadcast of the Emergency Alert System was in error due to possibly the wrong button being pressed. "State police said they received no calls related to the erroneous alert."

So in your ideal future, you would have no problem with me running the largest sparkgap transmitter I could possibly build?

It would be easier for me to deal with that interference than to deal with an FCC interference team. I've had dealings with such a team, while I was trying to track down the US Government employee who was jamming radio communications for D/FW Airport. I had the %@$^@&! but the FCC let him go, only to arrest my buddies. We can handle QRM better without the government's help.

Why would you run a spark-gap transmitter? It would cost you on your electric bill, and would not accomplish much. I can run a flag pole up from the bed of my pickup and chat with the other side of the planet via PSK31 (literally...10 meter 1/4 wave whips are kinda cool if you know how to tune one.)

Your argument is kinda like the old "if you let people have guns, they will go around shooting out street lights." History shows that not to be the case. Outide of government, people are very well behaved.

"Judging by the swarms of activists who keep starting unlicensed analog radio stations every year, it sure does. The Pirate Cat story is about filling a need that remains largely unmet by the Internet and conventional radio since the Clear Channel ascendancy. People still want old school radio stations. They want local brick-and-mortar places where they can actually hang out and share music not on Facebook or Spotify, but in real-time physical proximity of each other. They want to have coffee, or go out on a date—maybe even call the station to say hello."

I'm not aware of any place in Philadelphia that would meet that requirement (not that I think there is that much of a demand for it here) except for WXPN which is a public radio station. Maybe it's a left coast thing? (not being a jerk, I really don't know)

When I did a quick search on google for Philly pirate radio stations only a couple of hits came up, but most are internet only. 87.7FM does register, but I don't think I have ever heard anything that far down the dial except for static. It doesn't help that for the longest time (and might still be going on) the local ABC affiliate broadcast an FM feed of their TV shows on 87.9 and they have a wee bit more transmitting power.

The 1st amendment was supposed to allow us to speak without government licenses.

In the 20th century, RF replaced paper for communications. The government censored us under the phony claim that it was to prevent interference.

FYI, the "Communications Act" that created the FCC was passed in 1934, the same year the "National Firearms Act" created the Bureau of Alcohol Tobacco, and Firearms. They repealed the 1st and 2nd amendments in the same year.

In the 21st century, we can use white-space communications so we do not possibly interfere with anyone else's RF communications.

It's time we defunded the FCC.

--A licensed FCC radio operator, with multiple stations

Yeah, no. You're full of shit, but you just had to get your anti-government propaganda out there, didn't you?

Tragedy of the commons. Look it up. And don't bring me any bullshit about how "private enterprise would do it better", cause they wouldn't. They'd just be doing the same thing the FCC is doing. The only thing that would be accomplished would be you'd satisfy your hard on for "getting government out of the way."